S SUBHACHANDHAR Vs. LAKSHMI SURESH

JUDGEMENT

(1.) The petitioner and the respondent are the husband and wife. They have approached the Family Court, Thrissur in O.P.No.866/2018 seeking dissolution of the marriage based on mutual consent, under Section 13B of the Hindu Marriage Act. Along with the original petition, they have filed I.A.No.2467/2018 under Section 13B(2) seeking waiver of the statutory period of six months for making motion for passing orders on the dissolution application. The said interim application was considered and dismissed by the Family Court through Ext.P4 order passed on 21.06.2018. The petitioner is challenging the said order by invoking the supervisory jurisdiction vested on this Court under Article 227 of the Constitution of India.

(2.) The counsel who filed the joint application before the Family Court beg to appear on behalf of the respondent. We are of the opinion that the above original petition can be disposed of at the stage of admission itself.

(3.) In the interim application filed before the Family Court it is stated that, the respondent is doing Ph.D in Singapore and that she may not be able to appear before the Family Court after expiry of the period of six months. It is stated that, the petitioner is also seeking job at United States of America. Therefore it was requested to waive the statutory period to consider the petition for dissolution of the marriage, immediately. The Family Court, after referring to the ruling of the Honourable Supreme Court in Amardeep Singh v. Harveen Kaur, (2017) AIR SC 4417 observed that, the conditions stipulated by the apex court for waiver of the statutory period, has not been satisfied in the case. It is mainly observed that, the period of one year and six months stipulated therein, after separation of the spouses, has not been completed. Further finding is that, no proof was there to show that any effort for settlement through 'Alternative Dispute Resolution Mechanism' was adopted. Therefore the application for waiver of the statutory period was dismissed by observing that the conditions stipulated by the Hon'ble Supreme Court has not been fulfilled.